Albert S Lawyer Challenges Macc Notices In Court

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Albert Tei’s lawyer, Mahajoth Singh, has applied at the Kuala Lumpur High Court to challenge two MACC notices issued to him last month, including one that summoned the lawyer for questioning.
Mahajoth (above, left), through law firm Messrs Raj & Sach, sought a certiorari order to quash the notices, as well as to postpone any legal action by MACC against him pursuant to Section 30(1)(a) and Section 30(1)(b) of the MACC Act 2009.
The notice issued under Section 30(1)(a) requested Mahajoth’s attendance at MACC’s headquarters, while the one issued under Section 30(1)(b) required him to produce documents and a handphone.
The lawyer also sought the court’s order to temporarily postpone any MACC action against him under the two provisions and also Section 48, which deals with obstructing investigations and searches.
In his supporting affidavit, he argued that the notices clearly contravene lawyer-client privilege, which is protected by Section 126 of the Evidence Act 1950 and Section 46(2) of the MACC Act.
“The said orders are unlawful, ought not to have been issued and cannot be enforced by the respondent (MACC) against the applicant (Mahajoth).
“The issuance of these orders constitutes an abuse of power by the respondents, given that the documents and items sought by (MACC) were provided to the applicant for the purpose of enabling the client to seek legal advice.
“(The documents were also) to be used generally for (Mahajoth’s client to) obtain legal advice and specifically for representing the applicant’s client in the ongoing investigation proceedings under the MACC Act,” the application said.
Questioned under strong protest
MACC had issued the contested orders on Nov 30, requesting Mahajoth to appear at their headquarters as well as seeking certain documents and a handphone from him.
The lawyer accepted the notices on Dec 1 and would appear for questioning, but under strong protest.
Mahajoth’s lawyer, Zaid Malek, told Malaysiakini on Dec 1, that they had gone to MACC’s headquarters and served a letter on lawyer-solicitor privilege to its officers, but the graft buster refused to acknowledge it.
MACC chief commissioner Azam BakiIn response, MACC chief commissioner Azam Baki said on Dec 3 that Mahajoth is perceived as a witness who could assist their investigation into Tei, and that they have opened an investigation against the lawyer over his refusal to help.
Tei was nabbed on Nov 28 and remanded for five days before he was charged at the Kuala Lumpur Sessions Court on Dec 4 and in the Shah Alam Sessions Court on Dec 5.
The businessperson was charged with giving bribes to Prime Minister Anwar Ibrahim’s former senior political aide, Shamsul Iskandar Akin, while the latter was also charged with receiving bribes from Tei. 
Both of them had separately pleaded not guilty and claimed trial against the charges. - Mkini

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